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" Every transfer of an interest in property, other than in trust, made only as a security for the performance of another act, is to be deemed a mortgage, except when in the case of personal property it is accompanied by actual change of possession, in which... "
Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Page 411
by Idaho. Supreme Court - 1915
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The Civil Code of the State of New York: Reported Complete by the ...

New York (State). Commissioners of the Code, New York (State). - Civil law - 1865 - 896 pages
...security for the performance of $££ei g another act, is to be deemed a mortgage,1 except m<>ns&s<>when, in the case of personal property, it is accompanied...of possession, in which case it is to be deemed a pledge.2 1 So it is held with respect to real property (Chase v. Peck, 21 A". T., 681; Clark ». Henry,...
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Revised Laws of the State of California: In Four Codes : Political ..., Volume 2

California, California. Commission to Revise the Laws of California - California - 1871 - 894 pages
...interest in propertj-, Transferor made only as a security for the performance of another when a"t, is to be deemed a mortgage, except when, in the case...by an actual change of possession, in which case it i8 to be deemed a pledge. this chapter . . . „ r " _ . . provisions of SEC. 2922. Contracts of bottomry...
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Statutes of California and Digests of Measures

California - Session laws - 1874 - 524 pages
...Twenty-four, mortgage. Every transfer of an interest in property, other than when » ' ' J ' pledge. in trust, made only as a security for the performance...the case of personal property it is accompanied by actual change of possession, in which case it is to be deemed a pledge. SBC. 257. Section twenty-nine...
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The Civil Code of the State of California, Volume 2

California - Civil law - 1874 - 870 pages
...mortgage, except when in the "Wa"a s case of personal property it is accompanied by an ( / \-' - v I i U actual change of possession, in which case it is to be / ° deemed a pledge. NOTE.—"To be deemed a mortgage."—Chase vs. Peck, 21 NY, p. 581; Clark vs. Heory, 2 Cow., p. 324;...
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The Civil Code of the State of California, as Enacted in 1872: Amended at ...

California - Civil law - 1876 - 626 pages
...mortgage is special, unless otherwise expressly agreed, and is independent of possession. § 2924. Every transfer of an interest in property, other than...the case of personal property it is accompanied by actual change of possession, in which case it is deemed a pledge. [In effect ,Tulv 1, 1874.] 58 Cal....
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The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - Civil law - 1876 - 612 pages
...independent of possession. § 2924. Every transfer of an interest in property, other than in trnst, made only as a security for the performance of another...the case of personal property it is accompanied by actual change of possession, in which case it is deemed a pledge. [In effect ,Tnly 1, 1874.1 58 Cal....
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The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - Civil law - 1876 - 626 pages
...mortgage is special, unless otherwise expressly agreed, and is independent of possession. § 2924. Every transfer of an interest in property, other than...security for the performance of another act, is to he deemed a mortgage, except when in the case of personal property it is accompanied by actual change...
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The Federal Reporter, Volume 243

Law reports, digests, etc - 1917 - 1038 pages
...excepted from the operation of this rule. Section 2924 of the Civil Code of California provides that: "Every transfer of an Interest In property, other...performance of another act, is to be deemed a mortgage." The question, then, to be determined, is : Does the conveyance in the present case fall within this...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 243-244

Law reports, digests, etc - 1917 - 2042 pages
...excepted from the operation of this rule. Section 2924 of the Civil Code of California provides that: "Every transfer of an interest In property, other...performance of another act, is to be deemed a mortgage." ' The question, then, to be determined, is: Does the conveyance in the present case fall within this...
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A Treatise on the Law of Mortgages of Real Property, Volume 1

Leonard Augustus Jones - Mortgages - 1882 - 890 pages
...is in fact a mortgage. It is declared by statute that every transfer of an interest in real estate, other than in trust made only as a security for the...performance of another act, is to be deemed a mortgage deed.1 The fact that the transfer was made subject to defeasance may be proved, though it does not...
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